9 fundamental questions about the foreclosure of a primary residence

ejecucion hipotecaria vivienda habitual










Following the amendments introduced by Law 1/2013 protection of mortgagors frequently raise a number of questions about the foreclosure of a primary residence.

1.- You may argue the existence of abusive conditions whether the implementation is ongoing, as if the property is in foreclosure sale but not yet awarded.

2.- The appropriation required to attend an auction is reduced from 20% to the 5%.

3.- The costs are limited to 5% of the amount claimed (art. 575.1 to).

4.- The interests are limited to delay 3 times the legal interest. This is the 4% bringing the limit would be the 12%.

5.- The award is for the creditor minimum 70% of the appraised value or 60% if what is owed is less than 70%.

6.- The by imputation quantities is as follows: ordinary interest, main, default interest and costs.

7.- The possibility that the "misappropriated" set participate in future gains from the sale Article 579 the LEC. If the property is awarded performer and he or any of its group company, Property sold in 10 following years, debt executed at the time of disposal will be reduced by the 50% the gain on the sale.

8.- Too often the following situation occurs: If the property is awarded the creditor, the value is usually the 70%. If a third party is the award presented by the debtor, courage is also the 70%. But if you use a third "Free" value is the 50%. On many occasions the "Third for free" housing is allocated by the 50%, is a group company of the financial institution. In this manner, "Bank" just staying home for 50% and the debtor loses in the process one 20% value. A 20% the value of any home is a very important figure, especially when the economic situation is bad. In case of having one of these bad practices, really constitute fraud law under Article 7.2 Civil Code, should be immediately put the matter before the Judge.

9.- Other enhanced measures for cases of situations are established "On the threshold of exclusion".

The implementation of the residence It is a complex issue and sometimes raises many "non-peaceful" issues.

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